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Board presses for staff determination, soil testing as 65 Bedford/Banksville Road discussion continues
Summary
The board continued a site‑walk follow up for 65 Bedford/Banksville Road, with the applicant arguing the project reduces activity and does not require a new special permit; staff and a board member said the building inspector must determine whether the existing special permit remains applicable and requested a soil‑sampling protocol and additional documentation.
The North Castle Planning Board revisited the 65 Bedford/Banksville Road matter on April 27 to review findings from a recent site walk and outstanding technical questions, including whether changes on the property require amendment of a 40‑year‑old special permit.
An applicant representative told the board the project is reducing site activity and is not seeking any new retail use, saying, "We're actually reducing the... the level of activity. We are not seeking a retail use, and we're simply continuing the existing 40‑year approval with making some modifications to the site plan." Board members and staff emphasized that the legal determination of whether a special permit must be amended rests with town staff or the building inspector, not with the planning board.
Staff reported it will prepare a sampling protocol and coordinate site testing with the applicant. The applicant said there is scheduling pressure from ongoing court proceedings but that the parties are continuing to coordinate submittals. Other technical issues the board flagged included verification of historic road alignment, the presence and certification of imported fill and large stone retaining features, and outstanding paperwork on a recent revised submission. The board asked staff to work with the building inspector (Rob) to make the determination on whether a special permit modification is required.
Why it matters: The question of whether the work can proceed under an existing multi‑decade approval — or requires renewed public hearing and a modified special permit — affects procedural steps, required notices and potentially the extent of town review.
Next steps: Staff to prepare and deliver a soil‑sampling protocol and meet with the applicant on site; the building inspector will be asked to make a determination on the special permit question. The applicant may need to proceed to a public hearing if staff deems a special‑permit amendment necessary.
